In Canada, there exists a document known as the Standard Lease Agreement. Its contents, format, and use vary from province to province. However, the purpose is mostly the same: outline the terms in a rental home which would serve as guidelines for tenants and their landlords.
In previous articles, we have discussed the Standard Lease for the provinces of Ontario, Quebec, British Colombia, Alberta, Manitoba, and Saskatchewan. This article will focus on the Standard Lease in Nova Scotia, Newfoundland and Labrador, and Brunswick.
The Nova Scotia Standard Form of Lease (a.k.a. “Form P”) is not mandatory, unlike some standard leases in other provinces. However, even if not used, the conditions in Form P will apply. On the other hand, even if there will be another lease or verbal agreement between the landlord and tenant, they can still use Form P.
Form P must contain the following information to be used in settling disputes between landlords and their tenants in the future:
• Full name of the tenant, including that of adults and children who will live with them
• Phone numbers of tenants
• Email addresses of tenants
• Emergency contacts (e.g., the number of the tenant’s family member)
• The contract terms, including the move-in date and lease duration. It should also include how long the agreement lasts (i.e., weekly, monthly, daily, or fixed-term)
• Rental price
• A list of utilities, services (e.g., cleaning), and appliances included in the rent
• Tenant responsibilities (e.g., repairs, maintenance). If the tenant is not responsible for them, indicate the contact details of the one assigned for such tasks.
• The amount of security deposit, which should not exceed half a month’s rent. Landlords in Nova Scotia must keep the security deposit in an interest-bearing trust account within two banking days upon collection.
• Other rules (e.g., smoking, pets, etc.)
Like Nova Scotia’s Form P, Form 6 or The New Brunswick Residential lease Standard Form of Lease is not mandatory. However, the Residential Tenancies Tribunal firmly recommends its use. They also require both landlords and tenants to have an original signed copy of Form 6. Even without the form, the Residential Tenancies Act still applies to tenants. A verbal or implied lease is also legally binding. However, it should have a written notice.
Landlords may add reasonable obligations and rules before signing a lease. If there are rules that contradict the Residential Tenancies Act, they will be overridden.
Other things to know about leases are:
• It still holds even if the landlord sells the rental property.
• Leases end at midnight.
• They can be either a periodic lease (automatically renews when it ends: weekly tenancy, monthly tenancy, or yearly tenancy) or a fixed-term lease (has a fixed start date and end date).
• The name, address, and contact information of the tenant/s and landlord/s
• The address of the rental property, type of unit, permitted use, and other reasonable rules (e.g., smoking, pets, etc.)
• Duration and type of tenancy, as well as the tenancy’s date of expiration
• Amount of rent
• Schedule and mode of payment.
• Rent increase details
• Late rent fees
• A list of utilities, services (e.g., cleaning), furnishings, and appliances included in the rent
• The security deposit amount, which should usually not exceed a month’s rent
• Information on subletting and assignment
• Signatures of all parties involved in the contract
Under Section 7 of the Residential Tenancies Act of 2018: the Newfoundland and Labrador Standard Rental Agreement Form is mandatory.
The form must include:
• Full legal names of the landlord/s and tenant/s
• Phone number, email, and home address of the landlord or his agent where tenants can serve or deliver documents.
• Address of the rental unit
• Date when the agreement was signed
• Start date of the tenancy
• Type of rental agreement: periodic, weekly, monthly, fixed term
• The end date, if fixed-term
• Amount of rent, frequency of payment, and due dates
• Terms of use for services, furniture, appliance, and utilities included in the rent
• Security deposit amount not exceeding half a month’s rent.
• Date of collection of the security deposit
Landlords must provide the tenant/s with a copy of the signed agreement. If there is only a verbal agreement, there must be a written notice that acknowledges it. Landlords must also give their tenant/s a copy of the Residential Tenancies Act.
As a Canadian rental agent, you must know the standard lease forms in the province where you do business. It would better equip you, especially when you start receiving applicants for a listing you published on Padleads. The platform allows you to syndicate listings to popular websites, so many potential renters would see it.
